We look at some salient points from the leaked draft opinion in the Dobbs vs. Jackson Women's Health Organization case.
The draft argues that the decisions of Roe vs. Wade and Planned Parenthood vs. Casey "must be overruled." Many pro-abortion activists are crying foul that this is judicial activism and an attack on a "fundamental right" to an abortion.
When we see the arguments and the rules in both Roe and Casey detailed in the draft, they clearly are themselves judicial activism. There simply is no federal "right" to an abortion recognized by the Constitution as a compact among the states.
If this draft passes, it does not ban abortions, despite the protests. It simply argues that the Supreme Court has no jurisdiction in the matter and that abortion is an issue for the states and their voters to decide by legislation.
Josh Gerstein and Alexander Ward, "Supreme Court has voted to overturn abortion rights, draft opinion shows," Politico, May 2, 2022.
"Read Justice Alito's initial draft abortion opinion which would overturn Roe v. Wade," Politico, May 2, 2022.